Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33306 of 2024 Arising Out of PS. Case No.-135 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Sonu Kumar S/o Ram Nandan Rai @ Ramanand Roy Resident of villageGorhata Patna City (Near Sita Mandir), P.S. - Khajekalan,District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2024 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 135 of 2018, registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code. 3.

The allegation is regarding the accused persons having taken a lift from the informant, while the informant was going to his village on his Bolero vehicle, whereafter they had boarded the vehicle and then they had on pistol point made the informant and his driver alight out of the car and had made them run away, whereupon, they had fled away with the vehicle but then the police had

Patna High Court CR. MISC. No.33306 of 2024(2) dt.19-07-2024 2/3 arrived, to whom the informant had narrated the incident, leading to the police intercepting and apprehending three accused persons along with the vehicle on the very same day but two accused persons had managed to flee way.

4.

The learned counsel for the petitioner submits that though the other accused persons were arrested from the spot, however, the petitioner has not been arrested from the spot and his name has transpired in the present case on the basis of the confessional statement made by the co-accused persons apprehended from the spot, however, they have already been granted bail by coordinate Benches of this Court vide orders dated 24.01.2019 and 12.04.2019 passed in Criminal Misc. No. 75786 of 2018 and Criminal Misc. No. 76705 of 2018, hence the petitioner be also admitted to the privilege of regular bail, more so for the reason that he is languishing in custody since 20.02.2024 and is in effect having a clean antecedent inasmuch as he is an accused in one another case which also arises out of the present case.

Patna High Court CR. MISC. No.33306 of 2024(2) dt.19-07-2024 3/3 5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the coaccused persons who have already been granted the privilege of regular bail by coordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

7.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Barh in connection with Bakhtiyarpur P.S. Case No. 135 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T